Parking for People with Disabilities - The Law

Reserved parking for people with disabilities ensures safe and equal access to goods and services, access which most of us take for granted. This publication explains the rules that businesses and all drivers should observe about reserved parking spaces. It also presents information on how to obtain license plates and parking permits that allow individuals with severe disabilities to use specially-marked parking spots.

Reserved parking for people with disabilities is a legal requirement, not just a courtesy. You can help support the law by parking in reserved spaces only if you have a permit or plates for people with disabilities, and only when the person who received the permit or plates is actually in the vehicle. Please avoid parking in the access aisle or striped area next to a reserved parking space - it is not a parking zone. This special area is needed for access by people who use wheelchairs and specially-equipped vehicles.

It is important to respect each other. Please, be parking considerate.

Qualifying Disabilities For Plates or a Parking Permit for People With Severe Disabilities:

A qualifying disability is one or more of the following impairments, disabilities or conditions that are both permanent in nature and affect mobility:

Severe limitation in the ability to walk due to an arthritic, neurological or orthopedic condition;

Restriction because of lung disease to such an extent that forced (respiratory) expiratory volume for one second, when measured by spirometry, is less than one liter, or the arterial oxygen tension is less than sixty mm/hg of room air at rest;

Any other physical or mental impairment not previously listed which constitutes an equal degree of disability, and imposes unusual hardship in the use of public transportation and prevents the person from getting around without great difficulty.

A Temporary Parking Permit, valid for six months, may be issued when a person has a temporarily disabling condition that makes the person unable to walk without a cane, crutches, a walker or other assisting device.

Important: Who Can Certify a Disability

To qualify for the license plates or the parking permit, you must present proof of the disability from a medical doctor (MD), doctor of osteopathy (DO), doctor of podiatric medicine (DPM, licensed in NYS only) or optometrist (OD, for blindness). Only these medical professionals are considered "doctors" as the term is used in this publication. A doctor licensed in New York or another state may certify for conditions #1 through #8 previously listed. Only doctors licensed in New York State may certify for condition #9. A podiatrist must be licensed in NYS, and may certify applicants only for severe disabilities of the foot.

Proof of Disability

You may provide one of these proofs of disability:

Have your doctor fill out the Medical Certification, Part II, on the "Application for License Plates and Parking Permits for People with Severe Disabilities" (MV-664.1). This form may be used to apply for license plates for people with disabilities and is accepted by most localities for a parking permit. The form is available at any motor vehicle office, by request from the DMV Call Center, for the DMV Internet Office, and from most permit issuing agents in cities, towns and villages. To determine which governmental office issues permits in your area, contact your local town, city or village clerk.

Obtain a statement from a doctor certifying that you have a qualifying disability. The statement must be less than one year old, describe the condition and how it limits your mobility, be on the doctor's letterhead, and include the doctor's professional license number and signature. If the doctor practices outside New York State, the statement must identify the doctor's licensing state. A similar statement is also acceptable from:

a hospital, clinic or medical facility; the NYS Office of Vocational Rehabilitation in the NYS Department of Education; or

the NYS Commission for the Blind and Visually Handicapped in the Office of Children and Family Services (for verification of legal blindness).

If you have an obvious, visible, permanent disability, such as the complete or partial loss of a leg or foot, the requirement for a medical statement may be waived by a DMV supervisor if you are applying for the license plates, or by the local issuing agent if you are applying for a permit.

If you have moved to NYS and want to apply for New York State license plates or a parking permit for people with disabilities, you must provide proof of disability listed in 1 - 3 of the sections above even if you had parking privileges in your former state. Your out-of-state permit cannot be accepted in exchange for a NYS permit or plates.

If you already have license plates for people with disabilities, a locality may accept your registration as proof for issuing a permit. Check with your local issuing agent before applying.

Under the New York State Vehicle & Traffic Law (Section 392), it is a criminal violation (misdemeanor) to make a false statement or give false information on an application for license plates.

It is also a misdemeanor under the NYS Penal Law (Section 210.45) to make a false statement or provide misinformation to obtain a parking permit for a person with a disability, and is punishable by fines from $250 to $1,000. Additional civil penalties from $250 to $1,000 may also be imposed under Section 1203-a (4) of the Vehicle and Traffic Law. These penalties also apply to doctors providing certifications, as well as applicants.

About Plates

The Department of Motor Vehicles issues license plates for people with permanent disabilities for use on passenger cars, motorcycles, vans, and pickup trucks not used for commercial purposes. You do not have to be a resident of New York State or even a licensed driver to obtain the license plates, but you must be at least 16 years old to register a vehicle. License plates with the Universal Symbol of Access are only issued for a vehicle registered in the name of the person who has the disability, and each individual with a disability may have only one set of license plates. If you cannot register the vehicle in the name of the disabled person, refer to the section on Parking Permits.

Personalized license plates (up to six characters) with the Universal Symbol of Access are available for an additional charge. Please contact:

NYS DMV Custom Plates UnitP.O. Box 2775Albany, NY 12220

or call the Custom Plates Unit at 1-518-402-4838

If your vehicle already has a valid registration with New York license plates and you already have a permanent parking permit for people with disabilities that was issued in New York State, you must present this permit and a copy of the Application for License Plates and Parking Permits for People With Severe Disabilities (MV-664.1) showing the medical certification (or doctor's statement) used to obtain the parking permit. The medical certification must be dated no more than one year prior to the application for the license plates. Do NOT apply if you hold only a temporary parking permit. To apply, you must complete a Vehicle Registration/Title Application (MV-82) and pay a fee for the new plates displaying the Universal Symbol of Access. If this transaction is done at any time other than at renewal, a $3.75 transaction fee will be charged.

If your vehicle already has a valid registration with New York license plates and you do NOT already have a permanent parking permit for people with disabilities, bring proof of your disability, your current New York plates and registration receipt to any state or county motor vehicle office. You will be required to fill out a Vehicle Registration/Title Application (MV-82) and pay a fee for the new plates showing the Universal Symbol of Access. If this transaction is done at any time other than at renewal, a $3.75 transaction fee will be charged. Do NOT apply if you hold only a temporary parking permit.

If you are registering your vehicle for the first time, and you do not already have a permanent parking permit for people with disabilities, you must provide all of the items required for an original vehicle registration plus the proof of disability.

Renewing Plates

There is no additional fee for renewing a vehicle registered with plates for people with disabilities. You do not have to provide proof of disability when you renew your vehicle registration. However, when you sign your registration renewal notice you are certifying, under penalty of the law, that you have a severe disability and are eligible to have the license plates. Making a false certification is a misdemeanor.

About Parking Permits

You must live in New York State to be eligible for a permanent parking permit, but you need not be a licensed driver or own a vehicle. You must apply in the locality in which you live. A temporary parking permit, valid for six months, is available for a non-resident with a qualifying disability.

State law requires every city, town and village to appoint an agent (usually the city, town or village clerk) to issue parking permits for people with disabilities. Contact your city, town or village clerk to find out which local agency issues the permits. There is no fee for the permit. DMV does not issue the parking permits.

Localities follow the same general guidelines for issuing the permit as the DMV does for plates, but there may be some differences from one locality to another. Most issuing agents accept an Application for License Plates and Parking Permits for People With Severe Disabilities (MV-664.1).

This form is available at any motor vehicle office, by request from a DMV Call Center, and from the DMV Internet Office. However, some localities have their own application form, and not all localities issue temporary permits. Contact your local issuing agent for specific information on how to obtain a permit in your area.

A permit is issued to any person with a qualifying disability. This enables the permit may be used in any vehicle in which that person is riding.

A local issuing agent also may issue parking permits to a state facility or an agency licensed by the state or locality. The permits will be issued only for vehicles primarily used to transport people with qualifying disabilities. To apply, the agency must provide a written request on its own letterhead describing its facility or agency, a copy of their New York State facility license and a list of the vehicles they use to transport people with disabilities.

Each "permanent" or temporary permit has an expiration date. An expired permit is not valid and cannot be used. If your permit is due to expire, contact your local issuing agent to find out about the renewal procedures in your area.

If your disability is not permanent, you may qualify for a temporary permit valid for up to six months. To apply for a temporary permit, you must present the same proof of disability as required for a permanent permit. The temporary permit will allow the same access to reserved parking spaces. If you have a temporary parking permit that is due to expire, and you still have a qualifying disability, you must obtain a new medical certification before you can apply for another parking permit.

The permit is designed to hang from the rearview mirror when parked, but should be removed when the vehicle is being operated. If you lose your permit or it is stolen, immediately report it to the locality that issued the permit.

Proper Use of Valid Permits or License Plates

Any vehicle that has a license plate or valid permit displaying the Universal Symbol of Access may use parking spaces designated for use by a person with a disability. The person to whom the license plate or permit was issued must be traveling in the vehicle in order to use these spaces.

Plates and permits do not allow you to disobey state or local parking regulations. They also do not exempt you from parking fees unless a locality has adopted an ordinance to that effect. The fine for illegally parking in a space reserved for people with disabilities is $50 to $150, plus a mandatory $30 surcharge.

Misuse of Parking Permits or Plates

It is a serious misuse of license plates and permits for people with disabilities when someone other that the person with a disability uses the plates or permit to park in a space reserved for people with disabilities. These license plates or parking permits are valid only when the person with a disability who received the plates or permit is driving the vehicle or is a passenger in it.

If you misuse plates or a parking permit or allow someone else to use them, the DMV may revoke the license plates or the locality that issued the permit may revoke the permit, or they may deny renewal.

Parking Spaces, Statewide

Off-street parking spaces for people with disabilities are required by law at shopping centers that have five or more retail stores, and signs must be posted. Spaces reserved for people with disabilities must be located as close to the shopping center as possible and distributed to provide convenient access. A facility owner who does not comply may be fined up to $250.

On-street parking spaces reserved for people with disabilities are designated by local law or ordinance. If you have a question about parking for people with disabilities on a particular street, contact the authorities responsible for maintaining the street.

State and local laws and building codes also require reserved parking for people with disabilities at other facilities and when new parking lots are constructed. If you have a question about reserved parking at any facility with off-street parking, contact the facility management or the local building inspector.

State, county or local law enforcement officers are authorized to enter the parking lot of any shopping center or other facility described in the State Building Code to enforce laws governing the use of parking spaces reserved for people with disabilities.

Parking Spaces, New York City

New York City does not set aside reserved spaces on its streets for persons with disabilities. Reserved parking spaces are only available off-street, in parking lots for shopping centers/malls, office/apartment buildings and college campuses. You can use the vehicle plates for people with disabilities or a state permit for people with disabilities to park in reserved spaces in those off-street lots.

However, the NYC Department of Transportation issues a City permit (a rectangular dashboard permit) that allows persons with severe disabilities to park at most curbsides on NYC streets. City permits are issued to people with a permanent disability that so severely affects their ability to walk that they require the use of a private automobile. The New York City parking permit is not valid outside of NYC. For more information or to obtain an application for a NYC permit, call (718) 433-3100 or visit the NYC Department of Transportation's web site.

Visiting from Out of State Or Traveling Outside New York State

New York State honors out-of-state plates and permits for people with disabilities, and most other states also honor New York's permits and plates. To be sure if you travel to another state, check with the police or motor vehicle agency of the other state about whether they honor New York State issued license plates or permits for people with disabilities.

Remember:

Apply for plates or a permit for people with disabilities only if you have a qualifying disability.

When parked, hang the parking permit from the vehicle's inside rearview mirror. Remove the permit from the mirror before driving.

Use the parking spaces reserved for people with disabilities only if you have the license plates or parking permit, and only when the person with a disability is driving or riding in the vehicle.

Never park in the access aisle or striped area next to a reserved parking space. This allows access to the parking space by people with wheelchairs and specially-equipped vehicles. It is not a parking zone.

Do NOT allow others to misuse your plates or permit.

When you use the license plates or parking permit for people with disabilities, you are NOT exempt from parking regulations or fees.

Important Addresses and Phone Numbers:

To apply in New York City for the state parking permit or the special New York City disability parking permit for people with disabilities, please contact: